STATE Vs. DAYA RAM

JUDGEMENT

(1.) The applicant Daya Ram has been convicted Under Section 4(2) read with Sections 42 and 43 of the U.P. Pure Food Act, 1950, for selling adulterated dahi or curd on 9-2-1954 at about 11 a.m. in north Jhusi, area Kumbhnagar, Allahabad, during the Kumbh Mela and has been sentenced to 6 months' rigorous imprisonment and a fine of Rs. 120 by a Magistrate 1st Class of Allahabad, which conviction and sentence has been upheld in appeal by the learned Additional Sessions Judge of Allahabad. He has now come up in revision.

(2.) It appears that on 9-2-1954 Dr. Ram Shanker Srivastava who was the Medical Officer of Health incharge of the Kumbh Mela, bought 4 1/2 chhataks of curd from the applicant, divided (sic) in three parts, packed and sealed them in three different packages and sent one of the packages to the Public Analyst for examination and report. The report of the Public Analyst was that the curd was deficient by 50% in fat content and was adulterated. The Appellant was, thereupon, sent up for trial.

(3.) The applicant did not dispute that the curd which was being sold by him in the Kumbh Mela was not pure curd containing the requisite percentage of fat. His case was that he used to sell curd which had been prepared from skimmed milk and that the used to inform his customers at the time of the sale that it was skimmed milk curd. He, however, did not inform Dr. Srivastava at the time of sale of (sic) chhataks to him that it was curd of shimmed milk and not of pure milk. The lower courts found that the applicant did not give out at the time of the sale that the curd had been prepared from skimmed milk nor the container bore any such label on it. They also found that he was selling the curd at the rate of Re. 1 per seer. They, therefore, convicted and sentenced him as above.